LAW AND REGULATIONS OF THE BUREAU OF INVESTIGATION AND PUBLIC PROSECUTION[1989]

Royal Decree No. M/56, 24 Shawwal 1409 (29 May 1989)

Umm al-Qura No. 3264, 20 Dhu al-Qadah 1409H.

The English version of this document is for guidance only.
The Arabic version is the governing text.

Part One

Establishment, Composition and Jurisdiction of the Bureau

Article 1:

Pursuant to this Law, an agency named "The Bureau of Investigation and Public Prosecution" attached to the Minister of Interior shall be established, with a budget within the budget of the Ministry.

Its Headquarters shall be in the City of Riyadh . Necessary branches shall be established inside or outside Riyadh .

Article 2:

The Bureau shall be composed of a chairman, one or more vice-chairmen, a sufficient number of heads of circuits and their deputies, and investigators and their assistants.

Article 3:

First: The Bureau shall have jurisdiction, in accordance with the law and as specified by the implementing regulations, as follows:

Investigating crimes;

Taking action with respect to an investigation through filing a case or taking no action in accordance with relevant regulations;

Prosecuting before judicial bodies in accordance with the implementing regulations;

Appealing of judgments;

Supervising execution of criminal sentences;

Monitoring and inspection of prisons, detention centers and any places where criminal sentences are executed, as well as hearing complaints of prisoners and detainees, insuring the legality of their imprisonment or detention and the legality of their remaining in prison or the detention centers after the expiry of the period, taking necessary steps to release those imprisoned or detained without a legitimate cause and applying the law against those responsible for such action. The Minister of Interior shall be informed of any relevant observations, and a report shall be sub miffed to him regarding the conditions of the prisoners and detainees every six months.

Any other powers conferred upon it by the law, regulations issued pursuant to this Law, the resolutions of the Council of Ministers or the High Orders.

Second: The implementing regulations issued in accordance to this Law, shall specify the method by which the Bureau shall exercise its powers, such as conducting the investigation, prosecution, the relationship of the investigators with the security bodies and the Governorates as well as with coordinating work between the investigators and these bodies.

Third: The implementing regulations shall specify the transitional provisions which are deemed necessary for the Bureau to exercise its powers.

Fourth: As an exception to the provisions of articles nineteen and twenty of the Law of the Council of Ministers, the Council of Ministers may, by a resolution of its own, assign the Bureau to conduct investigations and prosecution in connection with crimes where the law stipulates that investigation and prosecution thereof shall be conducted by other government bodies.

Article 4:

• A committee shall be formed under the name of "Bureau Administration Committee" composed of the following: Chairman of the Bureau as Chairman, Vice-chairman of the Bureau, and five members of the Bureau whose ranks range from Deputy Head of Investigation and Prosecution Department "A" and upwards, to be selected by the Minister of Interior based on a recommendation by the Chairman of the Bureau.

• The Bureau Administration Committee is chaired by the Chairman of the Bureau or his Vice-chairman, and the session shall not be valid unless attended by six members including the chairman of the session. In the absence of any one of them - due to the committee's deliberating on a matter concerning him or in which he has a direct interest, or for any other reason - he shall be replaced by another person nominated by the Minister of Interior, upon the recommendation of the Chairman of the Bureau from amongst those eligible to the membership of the Bureau Administration Committee. The Committee decisions shall be issued by absolute majority of its members.

• The Bureau Administration Committee, in addition to the powers stipulated in this Law and its regulations, shall be empowered with the following:

• Reviewing of indictments related to cases where the death penalty, amputation or stoning are sought.

• Studying matters relating to investigation and prosecution, pursuant to an order of the Minister of Interior.

• Preparing the annual report of the Bureau with its observations along with suggestions regarding its work progress and its views with respect to the laws and procedures it applies. It shall submit the same to the Minister of Interior who shall in turn bring it before the Custodian of the Two Holy Mosques including his views thereon.

Part Two

Bureau Members and Staff

Article 5:

Members of the Bureau are totally independent, and they shall not be subject in conducting their work except to the provisions of Islamic Shari'ah and the relevant laws, and no one shall interfere in their work.

Article 6 :

Without prejudice to the provisions of this Law, members of the Bureau shall enjoy the rights and guarantees provided for in the Civil Service Law and the Retirement Law, and they shall be committed to all duties stipulated in the Civil Service Law.

Article 7:

A member of the Bureau may not combine his job with commercial activities or any other profession or work inconsistent with the independence of the Bureau's work and its dignity.

The Bureau Administration Committee may decide barring a member of the Bureau from practicing any work it deems in conflict with the duties of the job and its proper performance.

Article 8:

Members of the Bureau shall not disclose any confidential information they may know due to the nature of their work, even after leaving the service.

Article 9 :

The titles of the members of the Bureau shall be as follows:

• Attendant Investigator

• Assistant Investigator

• Second Investigator

• First Investigator

• Deputy Head of an Investigation and Prosecution Circuit (B)

• Deputy Head of an Investigation and Prosecution Circuit (A)

• Head of an Investigation and Prosecution Circuit (B)

• Head of an Investigation and Prosecution Circuit (A)

• Vice-Chairman of the Bureau.

Salaries of Bureau members shall be in accordance with the pay scale of the Bureau members attached herewith.

Article 10:

The Chairman of the Bureau shall be appointed in the distinguished grade by Royal Order upon a nomination by the Minister of Interior from amongst those eligible to fill at least the position of Vice-Chairman.

Filling other positions for Bureau members, as well as their transfer to other agencies shall be by Royal Order, pursuant to a decision by the Bureau Administration Committee and a recommendation of the Minister of Interior.

Article 11:

Subject to the provisions of this Law, the Council of Ministers shall specify the requirements to fill the positions of the Bureau as well as determine how to deal with its members and other staff in matters of appointment, promotion, transfer, secondment, lending services, assessment of job performance, inspection, and all that is related to their job status.

Article 12:

The service of a Bureau member shall be terminated by any of the following:

(a) Acceptance of resignation.

(b) Reaching the age of sixty five.

(c) Acceptance of request for retirement pursuant to the Law of Retirement.

(d) Forced retirement pursuant to Article Twenty Five of this Law.

(e) Receiving a lower-than-average grade in the performance report for three consecutive times.

(f) Loss of trust and respect required by the job.

(g) Health disability.

(h) Incompetence shown during the probationary period.

(i) Death.

Article 13:

In cases other than death or reaching the retirement age and incompetence shown by the member during the probationary period, the service of the Bureau member shall be terminated by Royal Order pursuant to a decision by the Bureau Administration Committee and the request of the Minister of Interior.

Part Three

Disciplining of Bureau Members

Article 14:

Members of the Bureau may only be tried pursuant to the conditions and rules concerning their discipline.

Article 15:

Disciplining of Bureau members shall be vested in the Bureau Administration Committee in its capacity as a Disciplinary Board. If the member standing trial is a member thereof, the Chairman of the Bureau shall designate a member of his choice of the rank of Head of Investigation and Prosecution Department (A) as a replacement. Previous participation in requesting forced retirement of the accused or the request of filing disciplinary action against him does not preclude one from joining the Disciplinary Board.

Article 16:

The Head of Investigation and Prosecution Circuit or Circuits has, after hearing their statements, the right to caution the department investigators of any violations of their duties or the requirements of their jobs. This caution shall be verbal or in writing. In the latter case, a copy shall be sent to the Minister of Interior by the Chairman of the Bureau, and the investigator may object within fifteen days from the date of notification thereof, requesting investigation of the incident that led to the issuance of the caution. A committee for this purpose shall be formed of the Chairman of the Bureau, a Deputy Head of an Investigation and Prosecution Circuit (A) or of the Vice-Chairman of the Bureau and a Deputy Head of an Investigation and Prosecution Circuit (B). This committee, after hearing the statements of the objecting investigator, shall entrust to one of its members, carrying out the investigation if appropriate. It may affirm the caution or consider it null and void, and inform the Minister of Interior of its decision. If the violation is repeated or continued after affirmation of the caution by the Committee, the disciplinary action shall be filed.

Article 17:

The disciplinary action shall be filed by an order of the Minister of Interior upon a recommendation of the Chairman of the Bureau. This action shall not be filed except upon an investigation conducted by a member of the Bureau designated by the Minister of Interior based on a recommendation by the Chairman of the Bureau, and the member of the Bureau who is designated for the investigation shall be of a rank higher than that of the member under investigation or senior to him in service, if both are of the same rank.

Article 18:

The disciplinary action shall be filed in a memorandum incorporating the charge and supporting evidence, and submitted to the Disciplinary Board to issue its decision to summon the accused to appear before the Board.

Article 19:

In situations where the accused is caught in the criminal act, the case, upon arresting and detaining the member of the Bureau, shall be referred to the Bureau Administration Committee within the following twenty-four hours. The Committee may decide whether to continue detention or to release the accused with or without bail, and the member of the Bureau may request the hearing of his statements before the Committee upon presenting the matter to it. The Committee shall determine the period of detention in the decision issued concerning the detention or its continuation. The aforementioned procedures shall be observed whenever it is determined to continue the preventive detention after the expiry of the period decided by the Board except for the foregoing, a member of the Bureau may not be arrested, be subject to investigation procedures or a criminal suit be brought against him except by permission of the said Committee. Members of the Bureau shall be detained and the punishments restricting their freedom shall be executed in separate facilities.

Article 20:

The Disciplinary Board may conduct the necessary investigations, and it may designate one of its members for the task. If the Disciplinary Board finds it appropriate to proceed with the trial procedures on all or part of the alleged charges, the accused shall be summoned to appear with sufficient notice. The summons shall include an adequate statement of the subject matter of the lawsuit and the prosecution evidence.

Article 21:

The Disciplinary Board, upon deciding to proceed with the trial procedures, may order suspension of the accused from performing his duties. The Board may at any time reconsider the suspension order.

Article 22:

The disciplinary action may terminate upon resignation of the member of the Bureau, and the disciplinary action shall have no effect on the criminal or civil suit resulting there from.

Article 23:

The hearings of the Disciplinary Board shall be held in closed sessions. The Disciplinary Board shall deliver its judgment after hearing the defense of the accused member of the Bureau who may submit his defense in writing and authorize one of the members of the Bureau to defend him. The Board may at any time demand his appearance in person before the Board. If he fails to appear or authorizes someone else, the judgment may be delivered in his absence, after verification of the correctness of his summons.

Article 24:

The judgment in the disciplinary action shall include the grounds thereof. Same grounds shall be read upon pronouncing the judgment in a closed hearing .The judgments of the Disciplinary Board shall be final and un-appealable.

Article 25:

The disciplinary punishments that may be imposed on the member of the Bureau are reprimand and forced retirement.

Article 26:

The decisions of the Disciplinary Board shall be reported to the Minister of Interior, and a Royal Order shall be issued to implement the punishment of forced retirement and a decision shall be issued by the Minister of Interior, upon a recommendation of the Chairman of the Bureau, to implement the punishment of reprimand.

Part Four

General Provisions

Article 27:

Without prejudice to the provisions of this Law and its implementing regulations, the Minister of Interior shall oversee the Bureau and take the steps, procedures and measures or forward to the competent authorities the recommendations or drafts that insure an appropriate standard of investigation and prosecution. The Chairman of the Bureau shall supervise all the Bureau departments and the circuits of investigation and prosecution as well as all investigators and staff therein.

Article 28:

The Council of Ministers shall issue the necessary implementing regulations for this Law, based on a recommendation by the Minister of Interior. These regulations shall determine cases where a member of the Bureau is not allowed to handle an investigation, prepare or issue a decision thereon, and they shall also determine the areas where expertise is required within the scope of the Bureau's work, the rights of experts, their duties and the manner of disciplining them.

Article 29 :

This Law shall supersede any other contradicting provisions.

Article 30:

This Law shall be published in the Official Gazette, and it shall come into force as of the date of its publication.

REGULATIONS FOR MEMBERS AND STAFF OF THE

BUREAU OF INVESTIGATION AND PUBLIC PROSECUTION

To be appointed a member of the Bureau, one shall satisfy the following:

(a) Be a Saudi national;

(b) Be of good character and conduct;

(c) Be legally competent;

(d) Be a holder of a degree from one of the Shari'ah colleges in the Kingdom or any other equivalent degree or a holder of a law degree from one of the Kingdom's universities or any other equivalent degree. In the case of being a holder of an equivalent degree, he shall pass an examination especially held for that purpose;

(e) Be not less than twenty-two years old;

(f) Be physically fit for service;

(g) Not have been sentenced to hadd (Qur'anic prescribed punishment) or ta'zir (‘discretionary punishment') or a crime impinging on integrity, or punished by disciplinary decision dismissing him from public office, even if rehabilitated;

(h) Shall successfully pass the examination especially held for the purpose of appointment.

Article 2:

Members of the Bureau shall undergo an intensive training program for not less than six months, and this period shall be deemed equivalent to performing comparable work for a period of one year. The implementing regulations of the Law of the Bureau shall determine the rules for implementing this program.

Article 3:

Those holding the rank of Investigator-Trainee shall have obtained a university degree with a minimum grade of ‘good', in addition to the stipulations in Article (1) of these regulations.

Article 4:

Those holding the rank of Assistant Investigator shall have served in the rank of Investigator-Trainee for not less than three years.

Article 5:

Those holding the rank of Second Investigator shall have served in the rank of Assistant Investigator for not less than one year or performed comparable work for a minimum of four years.

Article 6:

Those holding the rank of First Investigator shall have served in the rank of Second Investigator for not less than one year or performed comparable work for a minimum of eight years.

Article 7:

Those holding the rank of Deputy Head of Investigation and Prosecution Circuit (B) shall have served in the rank of First Investigator for not less than three years or performed comparable work for a minimum of eleven years.

Article 8:

Those holding the rank of Deputy Head of Investigation and Prosecution Circuit (A) shall have served in the rank of Deputy Head of Investigation and Prosecution Circuit (B) for not less than two years or performed comparable work for a minimum of thirteen years.

Article 9:

Those holding the rank of Head of Investigation and Prosecution Circuit (B) shall have served in the rank of Deputy Head of Investigation and Prosecution Circuit (A) for not less than two years or performed comparable work for a minimum of fifteen years.

Article 10:

Those holding the rank of Head of Investigation and Prosecution Circuit (A) shall have served in the rank of Head of Investigation and Prosecution Crcuit (B) for not less than two years or performed comparable work for a minimum of seventeen years.

Article 11:

Those holding the rank of Vice-President of the Bureau shall have served in the rank of Head of Investigation and Prosecution Circuit (A) for not less than two years or performed comparable work for a minimum of nineteen years.

Article 12:

Upon a recommendation by the Minister of Interior, the Council of Ministers shall determine what is meant by comparable work in the preceding articles. Teaching Shari'ah or law at any of the colleges is deemed performing comparable work, and performing judicial duties, investigation and Shari'ah or legal consultations are all deemed performing comparable work.

Each of the following shall be considered equivalent to performing the work specified:

Master's degree in the field and the diploma of legal studies at the Institute of Public Administration shall be equivalent to performing comparable work for a period of four years.

A doctorate degree in the field shall be equivalent to performing comparable work for a period of six years.

Article 13:

The newly appointed member of the Bureau shall undergo a probationary period of one year. At the end of the probationary period and upon ascertaining fitness for the job, the Bureau Administration Committee shall issue a decision of tenure. Prior the issuance of this decision, he may be dismissed pursuant to a decision of the Bureau Administration Committee.

Article 14:

In the promotion of Bureau members, the absolute order of seniority shall be observed. If equal, the most competent, according to the competence reports, shall have precedence. Upon equality or absence of competence reports, the older shall have precedence. A member of the Bureau of or below the rank of Head of Investigation and Prosecution Circuit (B) shall not be promoted unless inspected at least twice in the rank from which he is to be promoted, in addition to having been established in the last two reports preceding promotion that his level of competence was not less than average.

Article 15:

Transfer of Bureau members within it, their assignment or secondment, shall be pursuant to a decision of the Bureau Administration Committee. The period for assignment or secondment shall be for one year renewable for another. In exceptional cases, the Minister of Interior may assign a member of the Bureau within or without the Bureau for a period not exceeding three months in a year.

Article 16:

The President of the Bureau shall approve vacations of Bureau members within the limits of the provisions of Civil Service Law and its Regulations.

Second: Evaluation of Bureau Members' Performance

Article 17:

A department for inspection of the work of Bureau members of and below the rank of Head of Investigation and Prosecution Circuit (B) shall be established at the Bureau, composed of a Head of Investigation and Prosecution Circuit (A) and a sufficient number of members chosen from amongst Bureau members. Their assignment to work in this Department shall be by a decision of the Bureau Administration Committee for a renewable period of one year. This Department shall be attached to the President of the Bureau and shall submit its reports to him and to the Bureau Administration Committee.

Article 18:

The Inspection Department at the Bureau shall be in charge of inspecting the work of the Bureau members by collecting data about the level of their competence and the extent of their diligence in discharging the duties of their jobs as well as providing the competent agencies with this information, and investigating complaints filed by or against Bureau members. The inspection shall be carried out by a member of a rank higher than that of member subject to inspection or is senior to him if they are of the same rank. Inspection of Bureau members shall be carried out at the headquarters of the Bureau or by moving to the place of work of the member subject to inspection, at the discretion of the President or the Vice-President of the Bureau.

Article 19:

Inspection of Bureau members shall be carried out at least once and not more than twice a year.

Article 20:

The evaluation of competence of a Bureau member shall be by one of the following grades: competent; above average; average; below average.

Article 21:

Copies of observations concerning a member of the Bureau shall be sent to him, with the exception of the competence report, to view and express objections thereto thirty days from the date of notifying him thereof.

Article 22:

The Head of the Inspection Department shall form a committee of two inspectors, under his chairmanship, to review the observations and the objections raised by the member concerned. All observations affirmed by this committee shall be placed in the member's file along with the objection. Any observations not affirmed shall be removed from the report and filed, and the member shall be informed of his competence evaluation affirmed by the committee.

Article 23:

A Bureau member who receives a grade of below average may appeal to the Bureau Administration Committee within thirty days of the date of being informed of the content of the evaluation, and the Committee's decision in this regard shall be final.

Article 24:

After consultation with the General Bureau of Civil Service, the Bureau Administration Committees shall prepare the rules and procedures for inspection of work of Bureau members as well as the rules and procedures related to evaluation of performance of its members, and submit the same, for issuance, to the Minister of Interior.

Article 25:

A Bureau member shall reside in the province or the city where his place of work is located. The Bureau Administration Committee may, in exceptional circumstances, permit a Bureau member to reside temporarily in another city near his place of work.

Article 26:

A Bureau member may not be absent from his place of work without an acceptable excuse and a written permission to be absent from his work, and he shall not be absent from work for any non-emergency reason. If the member violates this obligation, he shall be warned in writing, and upon repetition, the matter shall be referred to the Bureau Administration Committee to consider a disciplinary action.

Third: Non-Member Employees of the Bureau

Article 27:

Without prejudice to the requirements of appointment stipulated in the Law of Civil Service, those appointed in the Bureau as experts and translators, shall pass an examination whose procedures and requirements shall be specified by decision of the Minister of Interior upon agreement with the General Bureau of Civil Service. Their employment shall be for a probationary period not less than one year and not exceeding two years.

Article 28:

Non-member employees of the Bureau shall be subject to the laws of Civil Service, subject to the provisions of these Regulations.

Article 29:

Employees of the Bureau may not disclose confidential information that they may learn about due to the nature of their work, even after leaving the service.

Fourth: Concluding Provisions

Article 30:

These regulations shall supersede any provisions not consistent therewith.

Article 31:

These Regulations shall be published in the Official Gazette and shall take effect as of the date of its publication.

GovernmentThe revitalization of Saudi Arabia's political system reflects the nation's adaptability to modern development without compromising its religious and cultural values.

Basic System of GovernmentThe Basic System of Government identifies the nature of the state, its goals and responsibilities, as well as the relationship between the ruler and citizens.

Council of Ministers SystemIn 1953, King Saud bin Abdulaziz established the Council of Ministers to facilitate the Kingdom's development.

Provincial SystemTo further raise the efficiency of administration and to promote the continued development of the county's provinces and their extensive social services programs, King Fahd promulgated new bylaws for the Provincial System in 1992.